Mobility

1. What role does his Department, together with the Provincial Regulatory Entity (PRE), play in regulating e-hailing services, such as Uber;

In terms of the National Land Transport Act, 5 of 2009 (NLTA) and associated regulations, the Provincial Regulatory Entity (PRE) is the entity responsible for overseeing and monitoring land transport within the Western Cape province. As part of the many functions and responsibilities of the PRE, the PRE is the entity responsible for the issuing of operating licences (permits) for the rendering of public transport services for all modes of transport, including e-hailing services. However, the NLTA in its current framework does not provide for e-hailing services as a distinct mode of transport. All applications are processed and categorised under metered taxis services due to its similarities to this mode of service

The status of e-hailing services as a sub-category of metered taxi services will change with the commencement of the National Land Transport Amendment Act (Act no.23 of 2023) and when the Second National Land Transport Regulations comes into effect.  The Amendment Act provides for a separate passenger category for e-hailing services.  It should further be noted that in disposing of operating licence applications for e-hailing/metered taxi services, the PRE must act according to and must not issue an operating licence contrary to the directions provided by the planning authority (municipality) and the Integrated Transport Plan for the area.  Transport planning is an exclusive government matter.  The PRE is also empowered to withdraw, amend or suspend operating licences for e-haling services where either the holder or the employee of the holder has been found guilty of certain prescribed offences or has not carried out faithfully the conditions of the operating licence.

2. whether his Department engages with Uber South Africa and its representatives; if so, (a) since when and (b) how often do these engagements take place;
3. Yes, the Department has had engagements with Uber since 2014. Since I came in to office, we have had two engagements with Uber. However, it is important to note that we have equally met with other e-hailing companies such as Bolt and InDrive, as well as the Western Cape E-hailing Association.
4. Engagements between Uber and the department take place on an ad-hoc basis.
5. (a) what are the key issues identified and discussed during these engagements with Uber South Africa, (b) what resolutions have resulted from these engagements and (c) what progress has been made in implementing them;
6. 1. Key issues discussed are driver safety, passenger safety, compliance to regulatory framework, i.e., no vehicle should operate on an E-hailing platform without the necessary operating license. Empowerment issues such as current establishment of a holding area near Cape Town International Airport and equipping it with ablution facilities.
7. 2. i)  Acknowledgement of the need for continuous engagements

ii) Development of a common understanding as to how to implement the new NLTA Amendment Act and its regulations  

iii) Acknowledgement by Uber that by paying and/or assisting drivers to pay impoundment fees makes them complicit to defeating the ends of justice

iv) Establishment of a funeral fund to assist expatriates with funeral arrangements of deceased drivers.

1. 3. Progress with regards to implementing the above is still on-going and would be prioritised once the NLTA Act and its regulations is published.
2. whether his Department has considered any reforms to strengthen oversight and to improve commuter safety in relation to e-hailing services?
3. The NLTA Amendment Act provides for the institutionalisation for the Provincial Regulatory Entities to request information from e-hailing app providers. It furthermore requires the app providers to register with the National Public Transport Regulatory Entity. The registration of the app providers would allow for enhanced monitoring of adherence to certain criteria, including those with safety implications. The department will be exploring this in more detail once the registration of app providers becomes a regulatory requirement, at which point they will be obligated to comply.
4. The Department is in the process of supporting the formation of a representative body for the e-hailing industry. This ongoing effort aims to strengthen coordination, enhance oversight, and contribute to improved safety and accountability across the sector.
5.  

The Department through the formalisation office has provided training to e-hailing operators, which supports professionalisation and safety awareness. These efforts have included collaboration with stakeholders such as the Department of Economic Development and Tourism, indicating a broader, multi-agency approach to improving standards in the industry.